PEOPLE v. TOXEY

6828, 3670/08.

92 A.D.3d 536 (2012)

938 N.Y.S.2d 435

2012 NY Slip Op 1186

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY TOXEY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 16, 2012.


Defendant did not preserve his challenge to the court's use of hypothetical examples in its supplemental instructions on constructive possession, and we decline to review it in the interest of justice. As an alternative holding, we find that the court provided a meaningful response to the jury's request for further instructions on the issue (see People v Malloy, 55 N.Y.2d 296 [1982], cert denied 459 U.S. 847 [1982]). The court...

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